Question

1. Why do you think the legislatures decided to make preliminary crimes?

2. What is the difference between solicitation and conspiracy? (note the different elements of each crime) What is an overt act? Give an example.

3. Do you agree with the accomplice liability theory - making everyone involved in the crime responsible for all criminal acts committed during the intended crime? Do you think it is fair that they all can receive the same punishment?

Answer 1

1. Preliminary crimes types of behavior that take place before the commission of a crime but are nevertheless complete crimes in themselves. Even if a crime was unsuccessful in being carried out, simply the attempt to commit it satisfies the legal requirement of a criminal act accompanied by a criminal intent. It appears that the rationale to create preliminary crimes is to nip the problem in bud, that is, deter individuals from even conceptualising the crime in the first place. Theoretically, it would deter them taking even the first step towards committing a particular crime.

Please post the other questions separately as we are supposed to answer just one question or four sub parts of a question.